1997 Minnesota Statutes

     103H.201 Health risk limits. 

    Subdivision 1.    Procedure.  (a) If groundwater quality 
 monitoring results show that there is a degradation of 
 groundwater, the commissioner of health may promulgate health 
 risk limits under subdivision 2 for substances degrading the 
 groundwater.  

    (b) Health risk limits shall be determined by two methods 
 depending on their toxicological end point.  

    (c) For systemic toxicants that are not carcinogens, the 
 adopted health risk limits shall be derived using United States 
 Environmental Protection Agency risk assessment methods using a 
 reference dose, a drinking water equivalent, and a relative 
 source contribution factor.  

    (d) For toxicants that are known or probable carcinogens, 
 the adopted health risk limits shall be derived from a 
 quantitative estimate of the chemical's carcinogenic potency 
 published by the United States Environmental Protection Agency 
 and determined by the commissioner to have undergone thorough 
 scientific review.  

    Subd. 2.    Adoption.  (a) Health risk limits shall be 
 adopted by rule.  

    (b) If the commissioner determines that emergency 
 conditions exist and the public health and welfare require the 
 health risk limits to be adopted as soon as possible, the 
 commissioner shall promulgate the adopted health risk limits 
 notwithstanding chapter 14 but the adopted health risk limits 
 adopted under this paragraph are only effective for one year.  

    Subd. 3.    Review and revision.  (a) The commissioner 
 shall review each adopted health risk limit at least every four 
 years. 

    (b) The commissioner may revise health risk limits under 
 subdivision 2.  

    Subd. 4.    Adoption of existing recommended allowable 
 limits.  (a) Notwithstanding and in lieu of subdivision 2, 
 until November 1, 1994, the commissioner may adopt recommended 
 allowable limits, and related toxicological end points, 
 established by the commissioner on or before February 15, 1994, 
 as health risk limits under this subdivision.  Before a 
 recommended allowable limit is adopted as an adopted health risk 
 limit under this subdivision, the commissioner shall: 

    (1) publish in the State Register and disseminate through 
 the Minnesota extension service and through soil and water 
 conservation districts notice of intent to adopt a recommended 
 allowable limit as an adopted health risk limit for specific 
 substances and shall solicit information on the health impacts 
 of the substance; 

    (2) publish the recommended allowable limit in the State 
 Register and disseminate through the Minnesota extension service 
 and through soil and water conservation districts allowing 60 
 days for public comment; and 

    (3) publish the adopted recommended allowable limit in the 
 State Register and, at the same time, make available a summary 
 of the public comments received and the commissioner's responses 
 to the comments. 

    (b) A recommended allowable limit adopted by the 
 commissioner as an adopted health risk limit under this 
 subdivision may be challenged in the manner provided in sections 
 14.44 and 14.45.  

    (c) During the comment period under paragraph (a), clause 
 (2), 25 or more persons may submit a written request for a 
 public hearing as provided under section 14.25 for any health 
 risk limits as adopted under this subdivision. 

    HIST: 1989 c 326 art 1 s 8; 1994 c 557 s 17,18